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| AUDIO
CONFERENCE Defining
the Outside Limits to Accommodation |
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MODERATORS - |
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| Matthew
Certosimo
Employer Counsel Borden Ladner Gervais |
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| Tim
Gleason
Union Counsel Sack Goldblatt Mitchell |
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EXPERTS - |
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| Erin
Kuzz
Employer Counsel Sherrard Kuzz |
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| Joshua
Phillips
Union Counsel Green & Chercover |
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| THE
ISSUES: | Some
of the questions addressed: Job
bundling, job restructuring, creating a new position how far is an employer
required to go? Are
the parties required to look outside the collective agreement for possible accommodation?
e.g. promotion, demotion, transfer outside of the bargaining unit How
much innocent absenteeism is an employer required to tolerate? What conditions
on attendance is an employer entitled to impose? Should disability-related absences
be included in calculating attendance? In
what circumstances can an employer decline to explore accommodation measures on
the ground that accommodation isn't possible? When
is an employer required to override the seniority rights of other employees? How
should unions balance the rights of the disabled employee against senior employees?
- Can the
disabled employee accept/waive some of the safety risks to be able to work?
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